S.W. v. Duncan’s Empirical Analysis

Citation profile

22 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Custody or guardianship — Order of preference — Death of custodial parent — Preference of child — Evidence of domestic abuse — Registered sex offenders A. Custody should be awarded or a guardian appointed in the following order of preference according to the best interests of the child to: 1. A parent or to both parents jointly except as otherwise provided in subsection B of this section; 2. A grandparent; 3. A person who was indicated by the wishes of a deceased parent; 4. A relative of either parent; 5. The person in whose home the child has been living in a wholesome and stable environment; or 6. Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.”

   1 later decision quote this exact passage
   e.g. S.C. v. J.L.

2. “[A] court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding , a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed . . . .”

   1 later decision quote this exact passage
   e.g. IN RE THE MARRIAGE OF RADER

3. ““Upon the death of the parent into whose custody children are placed by a decree of divorce, the children stand, with relation to the surviving parent and all the world as if no divorce had been entered.” Turley, 638 P.2d at 470 .”

   1 later decision quote this exact passage
   e.g. Ward v. Ward